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1996 Supreme(Mad) 1215

A.R.LAKSHMANAN
Chinna Marudachalam and another – Appellant
Versus
Chinnaiya Gounder @ Renganna Gounder – Respondent


Advocates:
Mr. D. Rajendran, Advocate, for Petitioners. Mr. T.R Rajagopalan, Senior Counsel for T.R. Rajaraman, for Respondent.

Judgment :

1. The Revision is directed against the Fair and Decretal Orders dated 12.07.1996 made in LA. No. 230 of 1996 in O.S. No. 167 of 1988 on the file of the II Additional District Munsif of Coimbatore, allowing an application filed by the respondent herein/defendant under Section 152 C.P.C. praying for to amend the decree dated 29.03.1994 in accordance with the prayer sought for in the suit.

2. The Revision is filed by the plaintiffs. They filed the suit against the respondent herein claiming that the suit property is surrounded by a Pallam to the width of 10 feet running north south on the west, S.F. No.737 on the north and Avanashi road on the south and third parties lands on the east. The Pallam on the western side is running from north-south carrying rain water from the entire fields on the north to south and reached east-west Pallam abutting the Avanashi main road and that the entire land owners of the said area provided the said Pallam and used the same to drain the water in order to avoid stagnation of rain water in their respective fields and to protect the standing crops in the lands. It is also averred in the plaint that the said Pallam is in existence for the las




























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